Privacy is an important concept in a Democratic society. The Indian Constitution does not expressly have a clause guaranteeing privacy. However, in 1963 in Kharak Singh v State of UP, the Supreme court held that Article 21 dealing with Personal Freedom (Protection of life and personal liberty) was broad enough to cover privacy as well. The two justices said that “Nothing is more deleterious to a man’s physical happiness and health, than a calculated interference with his privacy.
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- Is Privacy a legal right in India?
In Govind vs State of MP, the Indian Supreme Court once more held that there was no doubt that the framers of the constitution wanted to “enforce” conditions favorable to the happiness of it’s citizens and that privacy was undeniably one precondition for happiness. The court ruled that the Right to Privacy in India is a fundamental right though it is not expressly named in the Constitution.
The most forceful ruling from the Supreme Court came in 1993 in R. Rajagopal vs State of Tamil Nadu. To quote the Justices: “The right to privacy is implicit in the right to life and personal liberty guaranteed to the citizens of this country by Article 21. It is a “right to be let alone.”
The legal basis for Privacy in India has evolved over a period of time and there is no doubt that the right to Privacy is heavily embedded in the Indian Constitution and in the legal subconscious environment of this country. It is every Indian’s birthright.
As mentioned earlier in the article on Privacy Laws in India, the Indian’s don’t take their privacy very seriously. But as more and more people improve their economic situation, they will start to demand the right to privacy that is guaranteed to them and the right to be free of surveillance without just cause.
[...] down into words, though we all have an understanding of what it means in one way or the other. We saw some Supreme Court cases which try and define privacy as the “right to be left alone”, but is this [...]
Good article bhagwad. It summerizes the crux of what is privacy in India and where we are heading.
[...] Others may be willing to sign over their privacy, but not I. The BCCI has correctly argued that the right to privacy is an integral part of the Constitution of India. Nothing else should matter. The Indian public is understandably divided over the issue. But [...]
[...] in case you’re thinking that people don’t have a right to privacy, think again. Privacy is a constitutional right in India – one that was just recently reiterated in the Delhi HC’s historic judgment on [...]
[...] at stake. To their credit, they stood their ground. They said that the Constitution granted them the right to privacy and that they would demand it. Seeing India’s stand, players from other countries who had [...]
[...] at stake. To their credit, they stood their ground. They said that the Constitution granted them the right to privacy and that they would demand it. Seeing India
[...] asking for an ID “just to check up on you” is an invasion of privacy. However, since privacy is a legal right in India, I wonder how such procedures would stand up in [...]
As I wait for the oh-so-slow legal database to work and display a case I’m searching for, I might as well as write an e-mail to thank you.
It’s amazing how no keywords would help me in finding the relevant cases when it comes to The Right to Privacy! It’s lucky I stumbled upon your article, or my project about the Right to Abortion would be a pretty sorry sight.
It was also interesting to read about your first lucid dream, and yes, I would love to get my hands on a way to snap out of nightmares!
I am afraid I do not make much sense, but then, after five hours or more of legal research, the brain does get less responsive.
Thank you again!
Cheers.
Glad to be of assistance Manisha :) Hope your project does well.
[...] faith in Big Brother. Hello split personality!The Indian Supreme Court has ruled several times that privacy is a Constitutional Right in India. Now we’re expected to believe that giving it up and letting bureaucrats scan my life will [...]